Pipeline Safety and Damage Prevention Update

 
Damage Prevention
Damage Prevention
PHMSA Update
PHMSA Update
 
Annmarie Robertson
PHMSA/Office of Pipeline Safety
317-253-1622
annmarie.robertson@dot.gov
 
Excavation damage:  what we
know
 
Excavation damage is a serious threat to public
safety and pipeline integrity
Data indicates overall decrease in incidents
caused by excavation damage as well as gas
distribution incidents
Excavation damage is largely preventable
We can do more
 
Excavation Damage:  Pipeline Incidents Past
20 Years
 
Pipeline Incidents – past 3 years
 
Gas Distribution incidents:
  2005 –2009 (significant)
 
Damage Prevention: PHMSA’s View
 
A shared responsibility
Pipelines are critical infrastructure that are
essential to our way of life.  They also carry
hazardous materials that pose risks to people and
the environment.
Damage prevention is a multi-faceted issue
Damage prevention programs vary from state to
state
Guiding principles found in 9 Elements
Cited in 2006 PIPES Act
 
Damage Prevention: What we’re
doing
 
Tools  - for PHMSA as well as for state
stakeholders (laws, data, status of state
programs, grant projects,  etc.)
State/local outreach: meetings, letters of
support, teleconferences, support of 811, sharing
of information
Partnerships: States, Common Ground Alliance,
Public, Trade Associations, Safety Organizations
Rulemaking – enforcement
 
 
Nine Elements:  What are they?
 
1.
Effective communication 
between operators and
excavators from excavation notification to completion of
excavation
2.
Fostering 
support and partnership 
of all stakeholders
3.
Operators’ use of 
performance measures for locators
4.
Partnership in employee 
training
5.
Partnership in 
public education
6.
A 
dispute resolution process 
that defines the enforcement
agency as a partner and facilitator
7.
Fair and consistent 
enforcement
 of the law
8.
Use of 
technology
 to improve damage prevention
processes
9.
Data analysis to 
continually improve program
effectiveness
 
Nine Elements:  Where do we stand?
 
PHMSA’s goal is to understand state damage
prevention programs, foster improvement at
state level
PHMSA needs clear documentation of state
programs to explain funding decisions and to
show progress over time
Characterization Tool 
project
 
PHMSA DP Efforts:  Nine Element
Characterization Tool
 
   
What is the Characterization Tool?
Fall, 2009 – Spring, 2010:  Questions for
states concerning damage prevention program
Discussions with stakeholders in each state
Consumer-reports style depiction of results
Goal:  Understanding state damage prevention
programs, share results, foster improvement at
state level
 
Characterization Tool Results
http://primis.phmsa.dot.gov/comm/sdppc.htm
 
CT Results – Element 7
 
Characterization Tool –Seeking
Feedback
 
Initial results based on conversations with
pipeline safety and one-call representatives only
PHMSA 
seeking feedback 
on results from other
damage prevention stakeholders
Feedback will be routed to PHMSA and will be
distributed to states
Characterization Tool results on website subject
to change based on feedback and discussion
 
Characterization Tool
 
Lessons learned from Characterization Tool
project:
Results varied based on participants’ approach
Six interviewers
Overall positive response to initiative
There is perceived value in keeping
information current
Options for path forward:  Updates submitted
by states, periodic PHMSA outreach?  Other?
 
PHMSA DP Efforts:  Enforcement
 
PHMSA has existing enforcement authority over
pipeline operators and their contractors
Section 2 of the PIPES Act of 2006:
Conveys authority to take enforcement action
against excavators who fail to comply with One
Call laws and damage a pipeline facility
Enforcement authority is limited – only can be
used in states without adequate enforcement
Intent is to incentivize States to adopt/use
enforcement authority
 
Federal Damage
Prevention Enforcement
 
PHMSA must:
Establish procedures for determining whether
a State’s enforcement program is inadequate
Establish administrative procedures for the
State to contest a notice of inadequacy
Establish minimum Federal standards for
excavators that PHMSA would enforce in a
State found to be inadequate
Establish adjudication process when excavator
is cited by PHMSA
 
10/29/2009:  PHMSA Issued ANPRM
 
ANPRM = Advance Notice of Proposed
Rulemaking Soliciting feedback
Criteria for determining if a state’s enforcement of
damage prevention laws is adequate
Process for determining if a state’s enforcement of
damage prevention laws is adequate
Standards to be used in federal enforcement in states
with inadequate enforcement program
Process for enforcement actions
Goal is to minimize need for federal enforcement
 
Common Comments to ANPRM
 
Keep it simple
Clearly define what is expected of state
enforcement programs to be considered
adequate
Minimize exemptions
Enforcement must be balanced – excavators as
well as facility owners must be accountable
 
Enforcement – Next steps
 
http://www.regulations.gov
, Docket ID
PHMSA-2009-0192
PHMSA evaluating comments (MANY) on
ANPRM and will publish an NPRM late 2010
Publication of Final Rule, implementation
of program
Ex Parte rules prohibit discussion of NPRM
details
 
PHMSA’s DP Efforts:  Damage
Prevention Grants
 
State Damage Prevention
One Call Grants
 
 
Technical Assistance Grants also may be damage
prevention-focused
 
State Damage Prevention Grants
 
Eligibility:
Any State authority
State must have pipeline safety program pursuant to an
annual 49 U.S.C. §60105 certification or 49 U.S.C.
§60106 agreement in effect with PHMSA
Written designation by the Governor
Funding:
$1.5M annual budget, $100K maximum award
Program is to help states align with the Nine Elements
 
 Grant Program Information
 
SDP: –project progress reports, along with
contacts for questions concerning
awards/projects can be found at
http://primis.phmsa.dot.gov/
 
One Call Grant program info also available on this
site
 
 
Stakeholder Communications Home Page
 
 
http://primis.phmsa.dot.gov/comm
 
Damage Prevention Page
 
 
SDP Grant info page
 
 
Coming Soon:  Laws and Rules
 
Analysis of state laws/rules recently completed –
currently being vetted
56 fields:  Tolerance zone, ticket life, positive
response, whitelining, design ticket, locatable
facilities, etc.
Review of gas distribution operator leak data:
 In early stages
 90,000 leaks per year repaired that are
caused by excavation (five-year data)
Trending downward
 
Summary
Summary
 
Excavation damage to pipelines remain a
National safety and economic concern
Comprehensive state damage prevention
programs, including effective enforcement, are
critical to reducing risks to pipelines.
PHMSA is addressing damage prevention through
many initiatives, including fiscal support to states
For more info, please visit web site
 
Thank You
Thank You
Annmarie Robertson
Annmarie Robertson
317-253-1622
317-253-1622
annmarie.robertson@dot.gov
annmarie.robertson@dot.gov
PHMSA Stakeholder Communications web site:
PHMSA Stakeholder Communications web site:
http://primis.phmsa.dot.gov/comm
http://primis.phmsa.dot.gov/comm
Common Ground Alliance:
Common Ground Alliance:
www.commongroundalliance.com
www.commongroundalliance.com
811 materials:
811 materials:
www.call811.com
www.call811.com
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The U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration (PHMSA) provides insights on excavation damage as a serious threat to public safety and pipeline integrity. With a focus on prevention, the update highlights a decrease in incidents caused by excavation damage and the importance of collective responsibility in safeguarding critical infrastructure and hazardous materials transportation. The PHMSA emphasizes the need for tailored damage prevention programs and partnerships to enhance safety measures and minimize risks associated with pipeline incidents.

  • Pipeline safety
  • Damage prevention
  • Hazardous materials
  • Public safety
  • PHMSA

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  1. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Damage Prevention PHMSA Update Annmarie Robertson PHMSA/Office of Pipeline Safety 317-253-1622 annmarie.robertson@dot.gov Image

  2. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Excavation damage: what we know Excavation damage is a serious threat to public safety and pipeline integrity Data indicates overall decrease in incidents caused by excavation damage as well as gas distribution incidents Excavation damage is largely preventable We can do more Image

  3. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Excavation Damage: Pipeline Incidents Past 20 Years Image

  4. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Pipeline Incidents past 3 years Image

  5. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Gas Distribution incidents: 2005 2009 (significant) Image

  6. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Damage Prevention: PHMSA s View A shared responsibility Pipelines are critical infrastructure that are essential to our way of life. They also carry hazardous materials that pose risks to people and the environment. Damage prevention is a multi-faceted issue Damage prevention programs vary from state to state Guiding principles found in 9 Elements Cited in 2006 PIPES Act Image

  7. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Damage Prevention: What we re doing Tools - for PHMSA as well as for state stakeholders (laws, data, status of state programs, grant projects, etc.) State/local outreach: meetings, letters of support, teleconferences, support of 811, sharing of information Partnerships: States, Common Ground Alliance, Public, Trade Associations, Safety Organizations Rulemaking enforcement Image

  8. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Image

  9. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Nine Elements: What are they? 1. Effective communication between operators and excavators from excavation notification to completion of excavation Fostering support and partnership of all stakeholders Operators use of performance measures for locators Partnership in employee training Partnership in public education A dispute resolution process that defines the enforcement agency as a partner and facilitator Fair and consistent enforcement of the law Use of technology to improve damage prevention processes Data analysis to continually improve program effectiveness 2. 3. 4. 5. 6. 7. 8. Image 9.

  10. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Nine Elements: Where do we stand? PHMSA s goal is to understand state damage prevention programs, foster improvement at state level PHMSA needs clear documentation of state programs to explain funding decisions and to show progress over time Characterization Tool project Image

  11. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration PHMSA DP Efforts: Nine Element Characterization Tool What is the Characterization Tool? Fall, 2009 Spring, 2010: Questions for states concerning damage prevention program Discussions with stakeholders in each state Consumer-reports style depiction of results Goal: Understanding state damage prevention programs, share results, foster improvement at state level Image

  12. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Characterization Tool Results http://primis.phmsa.dot.gov/comm/sdppc.htm Image

  13. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration CT Results Element 7 Image

  14. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Characterization Tool Seeking Feedback Initial results based on conversations with pipeline safety and one-call representatives only PHMSA seeking feedback on results from other damage prevention stakeholders Feedback will be routed to PHMSA and will be distributed to states Characterization Tool results on website subject to change based on feedback and discussion Image

  15. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Characterization Tool Lessons learned from Characterization Tool project: Results varied based on participants approach Six interviewers Overall positive response to initiative There is perceived value in keeping information current Options for path forward: Updates submitted by states, periodic PHMSA outreach? Other? Image

  16. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration PHMSA DP Efforts: Enforcement PHMSA has existing enforcement authority over pipeline operators and their contractors Section 2 of the PIPES Act of 2006: Conveys authority to take enforcement action against excavators who fail to comply with One Call laws and damage a pipeline facility Enforcement authority is limited only can be used in states without adequate enforcement Intent is to incentivize States to adopt/use enforcement authority Image

  17. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Federal Damage Prevention Enforcement PHMSA must: Establish procedures for determining whether a State s enforcement program is inadequate Establish administrative procedures for the State to contest a notice of inadequacy Establish minimum Federal standards for excavators that PHMSA would enforce in a State found to be inadequate Establish adjudication process when excavator is cited by PHMSA Image

  18. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 10/29/2009: PHMSA Issued ANPRM ANPRM = Advance Notice of Proposed Rulemaking Soliciting feedback Criteria for determining if a state s enforcement of damage prevention laws is adequate Process for determining if a state s enforcement of damage prevention laws is adequate Standards to be used in federal enforcement in states with inadequate enforcement program Process for enforcement actions Goal is to minimize need for federal enforcement Image

  19. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Common Comments to ANPRM Keep it simple Clearly define what is expected of state enforcement programs to be considered adequate Minimize exemptions Enforcement must be balanced excavators as well as facility owners must be accountable Image

  20. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Enforcement Next steps http://www.regulations.gov, Docket ID PHMSA-2009-0192 PHMSA evaluating comments (MANY) on ANPRM and will publish an NPRM late 2010 Publication of Final Rule, implementation of program Ex Parte rules prohibit discussion of NPRM details Image

  21. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration PHMSA s DP Efforts: Damage Prevention Grants State Damage Prevention One Call Grants Technical Assistance Grants also may be damage prevention-focused Image

  22. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration State Damage Prevention Grants Eligibility: Any State authority State must have pipeline safety program pursuant to an annual 49 U.S.C. 60105 certification or 49 U.S.C. 60106 agreement in effect with PHMSA Written designation by the Governor Funding: $1.5M annual budget, $100K maximum award Program is to help states align with the Nine Elements Image

  23. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Grant Program Information SDP: project progress reports, along with contacts for questions concerning awards/projects can be found at http://primis.phmsa.dot.gov/ One Call Grant program info also available on this site Image

  24. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Stakeholder Communications Home Page Image http://primis.phmsa.dot.gov/comm

  25. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Damage Prevention Page Image

  26. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration SDP Grant info page Image

  27. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Coming Soon: Laws and Rules Analysis of state laws/rules recently completed currently being vetted 56 fields: Tolerance zone, ticket life, positive response, whitelining, design ticket, locatable facilities, etc. Review of gas distribution operator leak data: In early stages 90,000 leaks per year repaired that are caused by excavation (five-year data) Image Trending downward

  28. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Summary Excavation damage to pipelines remain a National safety and economic concern Comprehensive state damage prevention programs, including effective enforcement, are critical to reducing risks to pipelines. PHMSA is addressing damage prevention through many initiatives, including fiscal support to states For more info, please visit web site Image

  29. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Thank You Annmarie Robertson 317-253-1622 annmarie.robertson@dot.gov PHMSA Stakeholder Communications web site: http://primis.phmsa.dot.gov/comm Common Ground Alliance: www.commongroundalliance.com 811 materials: www.call811.com Image

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